Renting a property, whether for business or personal use, comes with certain rights and responsibilities. If something goes wrong with the property, the landlord is usually responsible for fixing it. However, not all problems are covered, and making a claim depends on the situation.

Understanding Landlord Responsibilities

A landlord is responsible for keeping a property safe and in good condition. This includes structural repairs, plumbing, heating, and electrical systems. According to a report from Shelter, 45% of renters in the UK have experienced issues with poor conditions in their rented homes. Many of these problems, such as mold, damp, leaks, and heating failures, are the landlord’s responsibility.

For business tenants, commercial lease agreements often specify who is responsible for repairs. In some cases, landlords handle major repairs, while tenants must take care of minor maintenance. It is important to check the lease agreement to understand what the landlord must fix.

When You Can Make a Claim

If the landlord does not fix a problem that affects health or safety, tenants can make a legal claim, known as housing disrepair. Issues such as broken heating in winter, severe water leaks, or electrical faults should be repaired quickly. In the US, the Department of Housing and Urban Development states that landlords must ensure properties meet basic living standards. If they fail to do so, tenants may be able to take legal action.

For businesses, if a landlord fails to repair serious problems, it can impact operations. If the office or shop becomes unsafe or unusable, the business may claim compensation for lost income. This is more likely if the lease agreement states that the landlord must handle such repairs.

Steps to Take Before Claiming

Before making a claim, tenants should report the issue to the landlord in writing. It is important to keep records of emails, letters, and photos of the problem. If the landlord does not respond, tenants may have the right to withhold rent or pay for repairs and deduct the cost from rent. However, this depends on local laws, and legal advice may be needed.

If the landlord still does not fix the issue, tenants can contact housing authorities or file a legal claim. According to Citizens Advice, tenants in the UK can take landlords to court if repairs are not done, and landlords may have to pay compensation.

When the Landlord Is Not Responsible

Not all problems are the landlord’s responsibility. If damage is caused by the tenant’s negligence, the landlord does not have to pay for repairs. For example, if a tenant breaks a window or causes water damage, they must cover the cost.

In commercial properties, some leases require tenants to handle most maintenance and repairs. If a tenant agrees to this in the contract, they may not be able to claim against the landlord.

Conclusion

Tenants can claim against their landlord if the property has serious issues that the landlord is responsible for fixing. Keeping records and following legal steps is important. If the landlord refuses to act, tenants may have legal options, but they must also understand their responsibilities. Checking the lease agreement and seeking legal advice can help resolve disputes effectively.